Rewat And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50598 of 2014 Arising Out of PS.Case No. -70 Year- 2014 Thana -KASIMBAZAR District- MUNGER ======================================================
1. Rewat, son of Braj Nandan Singh
2. Anubha, D/o Braj Nandan Singh Both resident of village- Bari Bazar Munger, P.S.- Kotwali, District- Munger .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vikram Singh For the Opposite Party/s : Mr. Anil Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-05-2015 In this case supplementary affidavit has been filed on behalf of the petitioners. Let it be kept on the records. Heard learned counsel for the petitioners, learned counsel for the State as also the learned counsel for the informant. In this application for anticipatory bail the petitioners apprehend their arrest for the offences punishable under sections 406, 419, 420 and 34 of the I.P.C.
Allegedly, the petitioner no.1 requested the informant several times to entrust him the work of construction of his house on contract basis and after finalizing the deal the informant paid Rs. 7,40,000/- by transferring the amount from his I.D.B.I. Bank
Patna High Court Cr.Misc. No.50598 of 2014 (2) dt.14-05-2015 2/3 account number in the S.B.I. account of petitioner no.1. The petitioners stated before the informant that they are going to take work of IIT and IBM, Patna and told that the total construction cost of his house would be Rs. 18,19,195/- but they only made construction of the value of Rs. 2,58,528/- and they are neither doing the work nor returning the amount and are causing threats. Submission is of false implication. The dispute is of civil nature. The petitioners have filed application for quashing of the instant prosecution which is still pending. The petitioners have completed the construction work of the value of more than Rs. 10,00,000/-. The petitioners have informed to the S.P.
concerned also regarding the high handedness of the informant and as such the petitioners deserve sympathetic consideration, to which the learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for pre-arrest bail of the petitioners. In the facts and circumstances as stated above, considering that this is a dispute of accounting and as such the petitioners in case of their arrest or surrender within two months from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of. Rachna Srivastav, J.M.
Patna High Court Cr.Misc. No.50598 of 2014 (2) dt.14-05-2015 3/3 P.S. Case No. 70 of 2014, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) Abhay/- U T